Landlord Can Seek Tenant's Eviction Based on Overcrowding

Landlord sued to evict rent-stabilized tenant for breaching a substantial obligation of her tenancy by "overcrowding" her apartment in violation of Housing Maintenance Code (HMC) Section 27-2075. The court ruled for tenant after trial and dismissed the case because, absent a violation issued for overcrowding, it was premature under Rent Stabilization Code (RSC) Section 2524.3(c) for landlord to bring this case against tenant.

Landlord appealed and won. Landlord didn't claim violation by tenant of RSC Section 2524.3(c). Landlord's court papers were based on RSC Section 2524.3(a), which permits landlord to maintain an eviction proceeding based on a claim that tenant violated a substantial obligation of the tenancy rather than a violation of law or a government contract. The case must be sent back for a new trial on whether tenant violated a substantial obligation of her tenancy by overcrowding her apartment in violation of HMC Section 27-2075.

321 Bay Ridge Co., Inc. v. Cordova: Index No. 2018-638KC, 2020 NY Slip Op 50954(U)(App. T. 2 Dept.; 8/21/20; Weston, JP, Elliot, Siegal, JJ)